Tampa Fleeing to Elude Attorney

Being charged with fleeing to elude in Florida is a serious offense that can lead to severe consequences, including jail or prison time, driver’s license suspension, substantial fines, and a permanent criminal record. Depending on the circumstances, you could also face the loss of important civil rights, including the right to vote or possess firearms. If you have been arrested or investigated for this offense, it is critical to speak with an experienced Tampa fleeing to elude attorney as soon as possible. At Hunt Law, we aggressively defend clients facing fleeing to elude charges throughout the Tampa Bay area and work to protect their rights, freedom, and future. Contact Hunt Law today for a free, confidential consultation with a trusted Tampa fleeing to elude attorney.

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What is Fleeing To Elude in Florida?

Section 316.1935, Florida Statutes

It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a felony of the 3rd degree. Fleeing to Elude is a "mandatory adjudication" offense, meaning you cannot receive a withhold of adjudication. This means that, even for someone with no prior criminal record, a conviction will make them a felon, losing the right to vote and possess firearms.

Potential Prison Time

Fleeing To Elude is a 3rd degree felony, punishable by up to 5 years in Florida State Prison.
If, in Fleeing To Elude, the driver drives at a high rate of speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, then the offense is a felony of the 2nd degree, punishable by up to 15 years in Florida State Prison.
If, in Fleeing To Elude, the driver drives at a high rate of speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, and causes serious bodily injury or death to another person, then the offense is a felony of the 1st degree, punishable by up to 30 years in Florida State Prison and a minimum mandatory 3-year prison sentence.

Potential Fine

A conviction for 3rd degree Fleeing To Elude can result in a fine of up to $5,000.
A conviction for 2nd or 1st degree Fleeing To Elude can result in a fine of up to $10,000.

What Are The Elements Of Fleeing to Elude A Law Enforcement Officer?

(Florida Standard Jury Instruction 28.6)

To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) was operating a vehicle upon a street or highway in Florida.

2. A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.

Give 3a or 3b as applicable.
3. (Defendant), knowing [he] [she] had been ordered to stop by a duly authorized law enforcement officer,

a. willfully refused or failed to stop the vehicle in compliance with the order.

b. having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer.

§ 316.003, Fla. Stat.
“Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic.

§ 316.003, Fla. Stat. Some of these terms have their own statutory definitions, which should be given if necessary.

“Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway[, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks].
Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).

“Willfully” means intentionally, knowingly, and purposely.

Tampa Fleeing to Elude Attorney

Being accused of Fleeing to Elude Law Enforcement in Florida is a serious criminal charge that can carry severe penalties and long-term consequences. If you were involved in a traffic stop or police pursuit and are now facing allegations of fleeing or attempting to elude an officer, it is critical to speak with an experienced Tampa fleeing to elude attorney as soon as possible. At Hunt Law, we aggressively defend individuals charged with fleeing and eluding offenses throughout Tampa and the surrounding areas.

Under Florida law, fleeing to elude charges can range from a third-degree felony to a first-degree felony depending on the circumstances of the case. Prosecutors may seek enhanced penalties if the allegations involve high speeds, reckless driving, property damage, serious bodily injury, or death. A conviction can result in prison time, probation, substantial fines, mandatory driver’s license suspension, a permanent felony record, and the loss of important civil rights such as the right to possess firearms.

As a dedicated Tampa fleeing to elude attorney, Ruffin Hunt understands that these cases are often more complicated than they initially appear. In some situations, drivers may not realize law enforcement was attempting to stop them, especially in heavy traffic, at night, or in confusing roadway conditions. Other cases may involve mistaken identity, insufficient evidence, unlawful police conduct, or disputes over whether the driver acted willfully. Every case deserves a detailed review of the facts, police reports, dash camera footage, and witness statements.

Our firm works to identify weaknesses in the State’s case and build the strongest defense possible. Depending on the circumstances, defenses to fleeing and eluding charges may include lack of intent, inadequate identification of the vehicle or driver, improper police procedures, or constitutional violations during the stop or investigation. Early intervention by an experienced criminal defense attorney can often make a significant difference in the outcome of your case.

If you are searching for a Tampa fleeing to elude attorney, do not wait to get legal help. Contact Hunt Law today for a confidential consultation and learn how we can help protect your rights, your record, and your future.

Call Now For A Free Consultation

Facing a Fleeing To Elude charge can be stressful, confusing, and potentially life-changing. A conviction will make you a convicted felon, losing the right to vote and possess firearms. You can also face extended license suspensions, jail or prison time, probation and hefty fines. If you’ve been charged with Fleeing to Elude, understanding your rights and legal options is critical. Call now for a free, confidential consultation.

Call Now! 813-787-4849